Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1887-04-08
From the Virginia Free Press.l
THE SPECIAL ELECTION.

.,rbe question to be decided by the election
on the 5th is not whether Mr.. Lucas shall De
Senator? The U. 5. Senate will deterfnlne
that matter, and nothing we car, can Io VIII WIN
affect II one way or the otner. -HeH '"g""u
Democrat, March Is.
There is very grave mistake made
by the writer of the above paragraph III
his estimate of the Importance OF the
election of the 9th prorimo. 1fthe ques-
ton involved was whether Mr.. Lucas or
some one else shall be Senator it might
be a matter about which not much con-
Germ might be felt, but If the question
really be whether Mr.. Lucas shall be
Senator or no one, then the matter rises
in its importance, and becomes a very
serious one to the people of the State.
Ifit be true, as | think shall be able
to show it is, either that the appoint
ment of Mr.. Lucas is invalid, and will
be so regarded by the Senate of the U.
S., or il valid, that it can continue, at
furthest, only until the adjournment of
the extraordinary session to assemble on
the 10Th of April, then it is a matter of
very serious concern to the people Of
West Virginia as to what shall be the
action of the Legislature when it meets
on the subject OF the election of Sena-
tor.
What will be the views ofthe delegate
to be elected on this matter it is of pro-
found concern not only to the people OF
this county but Of this State TO know.
Will he act with the Governor and
those who are in sympathy with him in
the Legislature and oppose the election
of U. 5. Senator on the ground that
there is no power in the Legislature to
elect at its special session? Or will he
favor such election upon the ground, if
no other, that unless Il Senator be chosen
there is great danger that the State will
be unrepresented except by one Senator
and that the Democratic party of the
country will lose the service and count
of a democratic member of the Senate
of the United States? Such depriva-
tion. il it come, will last from March
4, 1887 (wben the vacancy occurred).
until after the second Wednesday in
January, lSS9--the time of the next reg
ular session of the Legislature. This
would embrace the long session of Con.
gress, beginning December, 1887, and
continuing USUALLY until June or July
in the ensuing year (lSSS), and nearly,
if not all. of the short session, which
will terminate March 4. lSS9-or the
whole of the FIftieh Congress.
1t is manifest, then, that the leading
if not the most absorbing questi at
the special session will be and should be,
Shall the Legislature elect Il Senator?
1t is equally apparent that the Gov.
ernor does not desire that there shall
even be an effort To elect Senator
since the extraordinary session has been
called without the mention of the sub
ject i'm the proclamation convening the
body; and the date of the assembling
is fixed, Nth the design, that it may, if
possible, adjourn before the second
Tuesday after the 10th of April-the
day on which it will be required TO bal
lot for Senator. under the provisions of
the Act of Congress of 1865.
Should we not know, then, what are
the opinions, aud what will be the
course Of action of the delegate to be
elected, on this subject? viii he favor
or oppose an election by tue Legisla-
ture in Extraordinary session?
And as the question will be under the
control of those ,they constituting a
majority who were elected as Demo-
Gratis, and will be proper subject Of
party action will lie consult with. and
abide by the judgment of, a majority
of his Democratic associates in their de-
termination of the matter? These is
sues must distinctly arise in the canvass,
and must be represented one way or the
other by the candidate for the vacant
seat in the Legislature and must be
passed upon by the people when they
cast their ballots on the 9TH proximo.
Which way will they cast them? VIII
they take the hazard of half represen-
tation in the Senate of the L. S. by de-
clining to send delegate pledged TO an
election at the extraordinary session? ?
Let us see what the extent of the rick
will be.
1t lies in the solution of three ques-
tions BY the U. S. Senate
l. Was the appointment OF Mr.. Lucas
by the Governor valid?
2. If valid, will it not end with the
adjournment of an extra session?
3. II il does so end, is there any
power IN the Governor to make another
appointment after the omission of the
Legislature to elect?
If any of these questions be deter
mined in the negative the State will be
without its due number of Senator'S for
the space OF TWO years.
Let us examine these inquiries in the
order in which they are LropOunded.
l. Was the appointment of Mr.. Lucas
a valid one?
1t is scarcely necessary, as it is sup
posed it will be admitted, that the quail
itication AID election of a Senator in
the U. s. Congress are regulated by the
Constitution and Laws Of the United
States, and that if there be any conflict
between them and the laws of 4 State
on the subject the Federal law must pre-.
vail.
The Constitution Of the L. ). pro-
yides the method, the power and the